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This book comprises chapters by key legal scholars and practitioners from the Americas, Europe, Asia, Oceania and Africa. It examines the evolution, theoretical constructs and institutional features of legal capacity, as well as the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law. The book also explores emerging and persistent legal questions, as well as the challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes.
This book focuses on the lived realities of disabled mothers to examine how they navigate their multiple competing responsibilities and identities. It reimagines normative constructions of motherhood, dependency, and care while rethinking advocacy and resistance, in the context of disability, gender, and mental health. It essentially argues that disabled women negotiate a delicate balancing act: they constantly work at proving their competence, even as they push the boundaries of normative femininity. The book is grounded in qualitative research on disabled mothers. In these conversations, disabled mothers described various aspects of their motherhood journey, ranging from their interactions...
Too many workers leave the labour market permanently due to health problems or disability, and too few people with reduced work capacity manage to remain in employment. This is a social and economic tragedy common to virtually all OECD countries. It ...
This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and support...
This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respon...
Korea South Social Security System, Policies, Laws and Regulations Handbook Volume 1 Strategic Information and Pension Law
This publication provides a cross-national comparison of social security systems. It summarizes the five main social insurance programs: old age, disability, and survivors; sickness and maternity; work injury; unemployment; and family allowances.
This book addresses one of the most controversial questions in contemporary human rights law: how can persons with severe cognitive disabilities make their own decisions? Historically, vulnerable persons have been considered incapable, and guardians were appointed to represent their interests, which has led to serious abuses. The Convention on the Rights of Persons with Disabilities (CRPD), adopted in 2006, requires that they receive support to make their own decisions. However, governments claim it is impossible to fully implement this international requirement. This book tackles the issue of decision-making from both a legal and theoretical perspective. It explores how supported decision-making could incorporate safeguards to protect the vital interests of vulnerable persons in order to present a viable legal alternative to guardianship. It accepts that some persons' abilities are very limited, but contends that guardianship is not the appropriate response, even in such cases. Instead, the book presents a unique Modified Support Framework, which can incorporate all persons with disabilities, fulfilling the goals of the CRPD.